10:45 a.m. Case Law Update, with ISBA Assembly member Steven B. Levy of Naperville, who serves on the Illinois Bar Journal Editorial Board and the Committee on Continuing Legal Education.
11:15 a.m. Rules and Procedures: Are There Any? Arbitration under the policy vs. American Arbitration Association, similarities and differences, with Kevin T. Veugeler of The Healy Law Firm, Chicago.
11:45 a.m. Luncheon period.
1 p.m. Deductions from Award or Settlement: Set-offs, credits, subrogation, liens and limitations, with Patrick M. Brooks of Chicago.
1:30 p.m. Pitfalls for the Unwary: Statute of limitations, settling with under-insureds, the insolvent insurer, spousal immunity, stacking and physical contact, with section newsletter co-editor Kevin E. O'Reilly of Chicago, a member of the ISBA Assembly.
2:10 p.m. What if Coverage or Limits Are Disputed? Declaratory judgment action from pleadings and discovery to hearing, with section newsletter co-editor Mark L. Karno of Chicago, who is vice chair of the Insurance Law Section Council.
2:50 p.m. Trying an Arbitration Case, from the plaintiff's perspective, with section council member Albert E. Durkin of the Nolan Law Group, Chicago, who serves on the ISBA Assembly.
3:20 p.m. Defending an Arbitration Case, with Paul E. Kralovec of the Law Offices of Shelmerdeane A. Miller, Chicago.
3:50 p.m. Do's and Don'ts from the Arbitrator's Perspective, with section council member Thomas D. Campe Jr. of Decker, Linn & Campe, Waukegan.
Microsoft training June 3 to cover advanced skills
An instructor from MacAcademy Windows Academy will conduct an advanced computer training program for lawyers from 9 a.m. to 4:45 p.m. Monday, June 3, at the College of DuPage in Glen Ellyn.
Members of the ISBA Committee on Legal Technology will assist in the presentation, "Beyond the Basics Training Program," on advanced features of Microsoft Excel and Microsoft Word. ISBA members and their staffs are invited to attend the training program for either or both applications.
The goal is to help law offices learn how to master the full power of their desktop software programs in one day, saving hours of future staff time. Shortcuts, tricks and special techniques will be demonstrated.
The focus will be on legal pleadings, forms, formatting, editing and calculation in such areas as child support, arrearages, interest, amortization schedules and workers' compensation entitlements.
Participants will learn how to edit documents collaboratively and keep track of each person's changes, and to be sure that names get changed and all pronouns are correct without tiresome proofreading.
Advanced Microsoft Word techniques will be taught from 9 a.m. to 12:15 p.m., and advanced Microsoft Excel techniques from 1:30 to 4:45 p.m.
The fees for ISBA members are $200 for the entire program, or $70 for only one. Additional members of the same firm may attend for $120, or $60. Non-member fees are $200 or $100 per person. Materials and training CDs are included.
For advance registration by Visa or MasterCard, call Brenda Todt at the Illinois Bar Center, (800) 252-8908, or register by facsimile at (217) 525-1760.
Criminal justice basics scheduled in Collinsville
The final presentation of the ISBA Criminal Justice Section seminars, "Basic Nuts and Bolts of Illinois Criminal Procedure," will take place from 9 a.m. to 5 p.m. Friday, May 31, at the Holiday Inn, Collinsville.
After introductions at 9 a.m., the schedule of topics and speakers is as follows.
9:20 a.m. Seizures, speaker to be announced.
10:30 a.m. Statements and Motions, with assistant Madison County public defender Tyler J. Bateman of Edwardsville.
After a 12 noon luncheon break, the 1 p.m. session will be on Discovery: How Do We Get What We Need? The speaker will be Theodore E. Barylske of Alton.
At 1:45 p.m., Pre-trial Procedures and Arraignment will be discussed by Morgan E. Scroggins of Granite City, a member of the Criminal Justice Section Council.
At 2:30 p.m., Trial Issues to be covered by assistant Madison County public defender Billy G. Hahs Jr. of Edwardsville
At 3:30 p.m., 4th Circuit Judge Patrick J. Hitpas of Carlyle. a member of the Criminal Justice Section Council, will speak on Guilty Pleas.
At 4:15 p.m., Sentencing Issues will be reviewed by Collinsville attorney John J. Rekowski, a Criminal Justice Section Council member and past president of the Illinois Public Defender Association.
New traffic laws aired during Peoria conference
New statutory requirements, such as the mandatory interlock after two DUI convictions and the enhanced penalty of up to $10,000 for ignoring emergency vehicles at an accident scene, are among issues that will be discussed during the 37th annual Illinois Traffic Court Conference.
With sponsorship by the Illinois State Bar Association, the two-day conference will be conducted Thursday and Friday, June 6-7, at Bradley University, Peoria, for judges, prosecutors and defense attorneys involved in any aspect of the traffic court system.
The program will begin at 1:30 p.m. June 6 with a review of new and pending legislation in the traffic law area. Later, a demonstration of breath testing and HGN will be conducted by Illinois State Police officials, with drinking students over the age of 21.
When the afternoon program ends at 4:30 p.m., participants will attend a reception and prime rib dinner at the Holiday Inn City Centre.
The conference will resume at 9 a.m. June 7 with panel discussions of DUI and summary suspension, the "black box," and the latest in accident reconstruction as to speed. James J. Ahern, newsletter co-editor and past chair of the ISBA Traffic Laws and Courts Section Council, will be moderator. Adjournment is scheduled at 2:30 p.m.
The conference registration fee is $60 in advance or $65 at the door. Breakfast, lunch, dinner and free housing at the university are included. Each attendee will receive materials and the comprehensive report of all traffic-related decisions for the 18 months preceding June 1.
Checks should be made out to Illinois Traffic Court Conference and mailed to John F. Kuntz, Director of Conference Facilities, Bradley University, Peoria, Ill. 61625. Registration should include intention to attend the dinner or seek housing. For more information, call Kuntz at (309) 677-2227.
Rockford firm gains $308 million for terrorist victims
By Stephen Anderson
A Rockford trial lawyer has prevailed in his six-year legal quest on behalf of military clients who were beaten and tortured by Iranians, but only an act of Congress will provide adequate compensation.
Daniel T. Gilbert, a member of the ISBA Traffic Laws and Courts Section Council, represented Loves Park developer Kurt Carlson, a lieutenant colonel in the Army Reserves, and five Navy divers who were held hostage for 17 days in Beirut in 1985.
A $308 million judgment against the Islamic Republic of Iran was ordered April 19 by federal Judge Thomas Penfield Jackson in Washington, D.C., for injuries and emotional trauma the plaintiffs suffered after the airplane they were on was hijacked between Athens and Rome.
In that incident, another Navy diver, Robert Dean Stethem, was executed and his body thrown from the plane at the Beirut airport by Hezbolah and Amal terrorists. A lawsuit by Stethem's family was consolidated with Gilbert's litigation.
"This is the largest award of money damages on a per diem basis out of all the judgments entered for living victims of terrorism to date," Gilbert said, but there is a catch.
The Anti-Terrorism Act of 1996, which enables victims and their families to sue perpetrators and sponsors of international terrorism for punitive damages, requires them to be named by Congress in legislation before the Treasury Department is authorized to pay them. Only Stethem qualifies, so far.
"We still have an uphill battle," Gilbert said. "Our hope is than the Senate and House will rectify the inadvertent omission of Kurt Carlson and the other plaintiffs."
The House has passed a bill sponsored by Rep. Donald Manzullo of Rockford to add their names and those of other living victims of terrorism. A similar measure has been introduced in the Senate, which has not acted on the House bill.
Gilbert had a solo practice in transportation law and medical malpractice when he took on the international terrorism case in 1996. Four years ago, complex personal injury lawyer Gregory E. Barrett became second chair.
Susan M. Witt of Rockford, a member of the ISBA Assembly and past chair of the Committee on Women and the Law, recently joined the firm, which is now the Gilbert & Witt Law Office, with Barrett of counsel.
During a week-long trial in Washington, the three lawyers called 25 witnesses. One of them was Rockford psychiatrist William Wood, who said the $308 million verdict is a fair one for the psychological and physical torture the men suffered.
"One can safely state that the bright promise and shining future that each one of these men possessed on the day that they boarded (the flight) was forever stolen from them by the terrorists," Wood said in court.
Gilbert added that the goals of the litigation were twofold. First was compensation "for the excruciating mental and physical pain they endured from repeated beatings at the hands of terrorists who were materially and financially funded by Iran," he said.
"Another goal," Gilbert added, "was to punish Iran by the only means that private citizens have available: the courts."
Barrett observed that the huge judgment indicates "the seriousness with which Judge Jackson and the federal judiciary view the conduct of Iran and other state sponsors of terrorism."
The size of the award also reflects recognition by the courts of the suffering experienced by the wives and children of the victims, Witt added.
ARDC reveals malpractice survey tally
Only 60 percent of the state's solo practitioners carry professional liability insurance, according to a survey conducted by the Attorney Registration and Disciplinary Commission at the request of the Illinois Supreme Court.
Of 11,413 solos responding to the survey that was included on the 2002 registration form, just 6,737 said they and their clients are protected against malpractice. The results from 60,095 responses are published in the ARDC's annual report to the court.
By contrast, of 10,715 who practice in firms of two to 10 lawyers, 10,254 are insured for malpractice, a 96 percent coverage rate. In firms of 11 lawyers or more, the rate jumps to 99.2 percent: 13,582 of the 13,696 lawyers who responded.
The remaining 24,271 respondents corporate in-house, government lawyers, judges, those who do not practice or did not report a practice category - only 3,297 (13.6%) have malpractice insurance.
The ARDC report also includes results of a survey of 74,492 registered lawyers on whether they maintain trust accounts. Of 36,479 who have trust accounts, 28,705 are IOLTA accounts that benefit the Lawyers Trust Fund of Illinois as required by Supreme Court rule.
Of 38,013 who do not have trust accounts, 17,624 are full-time employees of corporations or government agencies with no outside practices, 9,399 are not engaged in practice, and 7,703 have private practices that do not involve handling client or third-party funds (3,287 are listed as "other").
The final meeting of the current ISBA Board of Governors will begin at 9 a.m. Friday, May 17, at the Ramada Inn, Fairview Heights.
The first meeting of the new Board of Governors will take place Friday, July 19, at the Ritz-Carlton Hotel, Chicago. The annual board alumni dinner will follow.
This board meeting will be preceded by recognition of the Senior Counsellors class of 1952 during a luncheon Thursday, July 18, at the Standard Club, Chicago.
Global slates ISBA trips to London, Lucerne, Italy
Global Holidays, an ISBA-sponsored travel program coordinator, has announced a new series of trips in August, September and October that have been endorsed by the Committee on Bar Services and Activities.
London will be the destination of three August travel programs with prices at $1,199 or $1,129 per person, double occupancy, depending on hotel of choice. The dates are Aug. 3-11, Aug. 10-18, and Aug. 31-Sept. 8.
Prices include round-trip air transportation, seven nights of superior first class hotel accommodations, daily buffet breakfast, airport-hotel transfers and luggage service, and professional guides. The hotels are the Holiday Inn, Kensington Forum and Millennium Gloucester. Several optional tours will be offered.
Lucerne, Switzerland, is the destination of a single travel program from Sept. 14 to 22 available at $1,249 per person, double occupancy.
The price includes round-trip air transportation, seven nights of accommodations in a superior first class hotel, daily buffet breakfast, airport-hotel transfers and luggage service, and professional guides. Several optional tours will be offered.
Highlights of Italy will be offered from Oct. 4 to 12 at a price of $1,249 per person, double occupancy. The itinerary includes four nights in Chianciano (Tuscany), and three nights in Fiuggo, all in first class hotels.
The price also includes round-trip air transportation, daily buffet breakfast, airport-hotel transfers and luggage service, and professional guides. Several optional tours will be offered.
To obtain more information, or to make advance reservations, call Global at (800) 842-9023. Brochures are available in ISBA offices, and representatives will attend the ISBA Annual Meeting next month to answer questions.
Loren Golden picks China as site of June 2003 tour
ISBA President-elect Loren S. Golden has announced that he will lead a bar-sponsored travel program in China from June 26 to July 9, 2003. Departures will be available from Chicago and St. Louis.
Features include two nights in Shanghai's Hua Ting Hotel, four days and five nights aboard the Victoria on a Yangtze River cruise, two nights in Xian's Grand New World Hotel, and three nights in Beijing's Harbour Plaza Hotel.